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Sturm College of Law


Right to roam laws, Right to exclude


The concepts of exclusion and access occupy the minds of many property scholars. We regularly debate the problems with, and benefits of, exclusion. We talk about how foundational the right to exclude is, and should be. We talk about whether and when the right to exclude should bend to accommodate other interests. And we talk about the value of exclusion. While these debates have filled many pages in law journals and hours of panel discussions, Professors Jonathan Klick and Gideon Parchomovsky noticed that something was missing from the discourse: empirical evidence.

Publication Statement

Originally published as Sarah B. Schindler, Access, Exclusion, and Value, JOTWELL (Nov. 25, 2016), (reviewing Johnathan Klick & Gideon Parchomovsky, The Value of the Right to Exclude: An Empirical Assessment, 165 Univ. Pa. L. Rev. 917 (2016)).